The Vermont Statutes Online

Title 4: Judiciary

Chapter 025: Jury Commission

• § 951. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

• § 952. Rules of Court Administrator

  (a) The Court Administrator, subject to the approval of the Supreme Court, shall make rules regarding the qualifications, lists, and selection of all jurors and prepare questionnaires for prospective jurors. Each Superior Court clerk shall, in conformity with the rules, prepare a list of jurors from residents of its unit. The rules shall be designed to ensure that the list of jurors prepared by the Superior Court clerk shall be representative of the citizens of its unit in terms of age, sex, occupation, economic status, and geographical distribution.

  (b) Rules adopted under this section shall be consistent with the provisions of this chapter. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1993, No. 24, § 4; 2009, No. 154 (Adj. Sess.), § 46; 2011, No. 31, § 4, eff. May 17, 2011; 2021, No. 105 (Adj. Sess.), § 15, eff. July 1, 2022.)

• § 953. Sources of names

  (a) The clerk, in order to ascertain names of persons eligible as jurors, may consult the latest census enumeration; the latest published city, town, or village telephone or other directory; the listers’ records; the elections records; and any other general source of names.

  (b) Notwithstanding any law to the contrary, the Court Administrator may obtain the names, addresses, and dates of birth of persons that are contained in the records of the Department of Motor Vehicles, the Department of Labor, the Department of Taxes, the Department of Health, and the Department for Children and Families. The Court Administrator may also obtain the names of voters from the Secretary of State. After the names have been obtained, the Court Administrator shall compile them and provide the names, addresses, and dates of birth to the clerk in a form that will not reveal the source of the names. The clerk shall include the names provided by the Court Administrator in the list of potential jurors.

  (c) There shall be continuous research for persons qualified and liable for jury service, in order to obtain as many prospective jurors as necessary and in order to limit as many prospective jurors as necessary and in order to limit as much as possible repetition of jury service.

  (d) No person’s name shall be placed on venire to serve in any State court of the State of Vermont more than once in any two-year period.

  (e) All public officers shall, on request, furnish the clerk or the Court Administrator without charge any information it may require to enable it to select eligible persons, ascertain their qualifications, or determine the number needed. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 2003, No. 146 (Adj. Sess.), § 2, eff. Jan. 1, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 47.)

• § 954. Deposit of list

  Prior to the first day of July in each biennial year, the clerk shall prepare and file a current master list of jurors and certify its completion and filing to the Court Administrator. The current master lists shall contain the number of names necessary adequately to serve the needs of the courts involved for a two-year period beginning July 1. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1969, No. 228 (Adj. Sess.), § 1, eff. March 31, 1970; 2009, No. 154 (Adj. Sess.), § 48.)

• § 955. Questionnaire

  The clerk shall send a jury questionnaire prepared by the Court Administrator to each person selected. When returned, it shall be retained in the Office of the Superior Court Clerk. Pursuant to section 952 of this title, the Court Administrator shall promulgate rules governing the inspection and availability of the juror questionnaires and the information contained in them. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1969, No. 228 (Adj. Sess.), § 2, eff. March 31, 1970; 2009, No. 154 (Adj. Sess.), § 49; 2013, No. 67, § 1.)

• § 956. Contents of list

  Names may be added or dropped from the jury list in accordance with rules issued by the Court Administrator under section 952 of this title. (Added 1967, No. 284 (Adj. Sess.), § 1.)

• § 957. Drawing and summoning jurors

  The manner of drawing and summoning jurors from the lists provided shall be in accordance with the rules of the court in which they are called to serve and all applicable statutes, including section 952 of this title, requiring that the panel shall be representative of the citizens of the unit in terms of age, sex, occupation, economic status, and geographical distribution. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 50.)

• § 958. Nonappearance; penalty

  A juror who does not appear after being summoned, and does not submit an excuse satisfactory to the court in which the juror was summoned to appear, shall be assessed a civil penalty by the presiding judge of not more than $200.00. The prospective juror may be excused from paying the assessment for good cause shown or in the interests of justice. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 2003, No. 146 (Adj. Sess.), § 3, eff. Jan. 1, 2005.)

• § 959. Grand jurors; venire

  The clerk, as directed by the judges of each Superior Court, shall summon 18 judicious persons within the unit to appear at any stated or special term of that court to serve as grand jurors of the unit. The clerk of the court shall issue a venire accordingly. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 51.)

• § 960. Repealed. 1969, No. 228 (Adj. Sess.), § 6, eff. March 31, 1970.

• § 961. Failure to return form; misrepresentation; penalties

  (a) Any person who fails to return a completed questionnaire within 14 days of its receipt may be summoned by the Superior Court clerk to appear forthwith before the clerk to fill out a jury questionnaire. Any person so summoned who fails to appear as directed shall be ordered forthwith by the presiding judge to appear and show cause for his or her failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance may be found in contempt of court and shall be subject to the penalties for contempt.

  (b) Any person who willfully misrepresents a material fact on the jury questionnaire form for the purpose of avoiding or securing service as a juror may be fined not more than $50.00. (Added 1969, No. 228 (Adj. Sess.), § 3; amended 2009, No. 154 (Adj. Sess.), § 52; 2017, No. 11, § 1.)

• § 962. Qualifications; excuse from service

  (a) A person shall be qualified for jury service if the person:

  (1) is a citizen of the United States who has attained the age of majority;

  (2) resides within the geographical jurisdiction of the court in which called to serve;

  (3) is able to read, write, understand, and speak the English language;

  (4) is capable, by reason of mental or physical condition, to render satisfactory jury service; and

  (5) has not served a term of imprisonment in this State after conviction of a felony.

  (b) No person shall be automatically excused from jury service; however, the presiding judge may excuse a person for all or part of the two-year period upon individual request showing undue hardship on the prospective juror or the employer. (Added 1993, No. 24, § 1, eff. March 1, 1994.)

• § 963. Term of service

  A person summoned to petit jury service shall not appear before the court for jury selection more than three times in any two-year period of time and shall be required to appear at the courthouse to serve as a juror on the date of trial no more than three times in that two-year period. (Added 1993, No. 24, § 2, eff. March 1, 1994; amended 2003, No. 146 (Adj. Sess.), § 4, eff. Jan. 1, 2005.)